Highways Act 1980

300 Right of local authorities to use vehicles and appliances on footways [F1 , bridleways and restricted byways]. E+W

(1) No statutory provision prohibiting or restricting the use of footpaths, footways [F2 , bridleways or restricted byways] shall affect the use by a competent authority of appliances or vehicles, whether mechanically operated or propelled or not, for cleansing, maintaining or improving footpaths, footways [F2 , bridleways or restricted byways] or their verges, [F3 for preventing or removing obstructions to them or otherwise preventing or abating nuisances or other interferences with them,] or for maintaining or altering structures or other works situated therein.

For the purposes of this section—

(a) the following are competent authorities, namely, the council of any county, district or London borough, the Common Council, the Council of the Isles of Scilly, any parish or community council, or parish meeting, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple; and

(b) “statutory provision” means a provision contained in, or having effect under, any enactment.

(2) The Minister of Transport and the Secretary of State acting jointly may make regulations prescribing the conditions under which the rights conferred by this section may be exercised, and such regulations may in particular make provision as to—

(a) the construction of any appliances or vehicles used under this section,

(b) the maximum weight of any such appliances or vehicles, or the maximum weight borne by any wheel or axle,

(c) the maximum speed of any such appliances or vehicles,

(d) the hours during which the appliances or vehicles may be used, and

(e) the giving by the Minister of Transport or the Secretary of State of directions dispensing with or relaxing any requirement of the regulations as it applies to a particular authority or in any particular case.

Textual Amendments

F1 Words in s. 300 sidenote substituted (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(2)(4), 2, Sch. Pt. I; S.I. 2006/1172, art. 2(a)-(d) (with art. 3); S.I. 2006/1279, art. 2(a)-(d) (with art. 3)

F2 Words in s. 300(1) substituted (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(2)(4), 2, Sch. Pt. I; S.I. 2006/1172, art. 2(a)-(d) (with art. 3); S.I. 2006/1279, art. 2(a)-(d) (with art. 3)

F3 Words in s. 300(1) inserted (13.2.2004 for E. and 1.4.2004 for W.) by 2000 c. 37, s. 70(3); S.I. 2004/292, art. 2(c); S.I. 2004/315, art. 2(b)

Modifications etc. (not altering text)

C1 S. 300 applied (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(2)(4), 2, Sch. Pt. I; S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2

C2 S. 300 modified (22.7.2008) by Transport for London Act 2008 (c. i), ss. 1(1), 40 (with s. 48)

C3 Functions under s. 300(2) so far as exercisable jointly by Minister of Transport and Secretary of State now exercisable by Secretary of State for Transport: S.I. 1981/238, art. 2(1)(b)

C4 S. 300(2): functions transferred (25.11.2002) by The Transfer of Functions (Transport, Local Government and the Regions) Order 2002 (S.I. 2002/2626), arts. 5, 7 (with art. 8)